Brighton & Hove City Council (25 006 144)
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint alleging the Council placed him in an unsafe location. This is because the complaint is late and there are no good reasons to investigate.
The complaint
- Mr X complains about the Council placing him in an unsafe location resulting in him becoming a victim of crime.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
- We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
- I considered the information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says the Council has placed him in an unsafe location that has caused him to become a victim of crime. He says he has to stay awake to watch over his vans.
- The Council’s response, dated July 2024, says it will not address his complaint via the complaints process as Mr X had informed the Council officer he was taking legal action against it.
- We will not investigate. Mr X’s complaint is caught by the time bar on the Ombudsman’s jurisdiction. We can investigate if there are good reasons, but I do not consider there are any. This is because Mr X appears to be referring to matters in connection to a court determination . We do not have any powers to look at matters decided in court.
Final decision
- We will not investigate Mr X’s complaint because it is late and there are no good reasons to investigate.
Investigator's decision on behalf of the Ombudsman